SCHWABER v. SCHWABER

2011-03162

91 A.D.3d 939 (2012)

937 N.Y.S.2d 625

2012 NY Slip Op 772

SUSAN SCHWABER, Respondent, v. MARC SCHWABER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 31, 2012.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied, without a hearing, the defendant's motion for a downward modification of his child support and maintenance obligations set forth in a settlement agreement which was incorporated but not merged into the judgment of divorce. The defendant failed to make a prima facie showing that his loss of employment constituted the substantial, unanticipated, and unreasonable change in circumstances...

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